,

We present amicus curiae in defense of reproductive freedom in Córdoba

This Monday we present ourselves as “Friends of the court” in the case before the Court No. 7 of the province of Córdoba, by Dr. Susana Ottogalli de Aicardi, following the complaint of women victims and professionals in the area of primary health against the service of the Provincial Maternal and Neonatal Hospital Dr. Ramón Carrillo.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The Córdoba Public Interest Law Clinic (CLIP), with the support of the Catholic Civil Association for the Right to Decide and the Latin American Justice and Gender Team (ELA), denounced in early October the breach of Provincial Law No. 9344 of Surgical Contraception at the Maternal and Neonatal Hospital of Córdoba, for the systematic violation of the reproductive freedom of women users of the health system.

The presentation details the historical and systematic obstruction of access to tubal ligation, through institutional violence and different attacks on the dignity of women seeking access to the surgical contraception service.

In our brief, we bring to the Court relevant factual and legal grounds for the defense of the right to health and a life free of violence. Specifically, we prepare a brief updated summary of the recommendations, observations and pronouncements of international organizations that oversee the application of human rights treaties, which have constitutional hierarchy in our country.

The denial or obstruction of access to sexual and reproductive rights that involve life free of violence, non-discrimination of any kind, family planning, as well as access to health services and the information necessary to fully exercise them , constitute acts of violence, especially if they are exercised on women.

It is the duty of the State to guarantee women the full enjoyment of their rights and to prevent and punish those who do not facilitate or guarantee access to essential services to women, in conditions of security and accessibility.

It is essential that Justice be issued in favor of the effective realization of human rights, especially of the groups most historically violated and on issues of essential importance such as the right to health. The denial or obstruction of access to these rights constitutes a serious act of violence against women, which must cease immediately, by virtue of the international commitments assumed by our country, and in respect to human rights and our current legal system.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

,

Request an ANMAT to update your National Drug Vademecum

Within the framework of our work for access to sexual and reproductive rights from a public health perspective and respect for human rights, we request the National Administration of Medicines, Food and Medical Technology (ANMAT) to update its list of authorized medications in the country, according to the medicines that appear in the Model List of Essential Medicines of the World Health Organization. In addition, we ask that you create a national list of essential drugs for primary care.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The World Health Organization has a Model List of Essential Medicines (LMME), which consists of those medications that cover the population’s priority health care needs. Their selection is made according to the prevalence of diseases and their safety, efficacy and comparative cost-effectiveness.

Within the LMME of 2019 are certain medications, which are used for treatments in sexual and reproductive health, which are not in the National Vademecum of Medicines of Argentina. However, its incorporation is essential to guarantee the right to enjoy the highest possible level of physical and mental health, and the right to enjoy and benefit from scientific and technological advances.

Based on all the norms that protect these rights, locally and internationally, fundamentally the National Program of Sexual Health and Responsible Procreation, created by National Law No. 25.673, Law No. 26529 on Patient Rights, Law No. 26.743 of Gender Identity and the National Law No. 23.798 of AIDS, among others, we ask the Administration to incorporate, and guarantee the availability and access, of medicines for the treatment of the Legal Interruption of Pregnancy, treatments for HIV, medication for treatments of hormonal replacement, contraceptive methods and medications for the treatment of Sexually Transmitted Infections (STIs).

We also request that a national list of essential medicines for primary care be created, to follow, as far as possible, the guidelines established by the World Health Organization. The Special Rapporteur on the right of every person to enjoy the highest attainable standard of physical and mental health, in his 2006 report, indicated that “every State has to prepare a national list of essential medicines using a participatory process. […] A State has the basic obligation of immediate effect to make essential medicines available and accessible throughout its jurisdiction”

We believe that it is necessary to have medications that, in their necessary and appropriate doses, are in accordance with our national and international regulatory framework, while being essential to guarantee the health of people who require these practices and services, in a safe and accessible to the entire population, without discrimination.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

,

Regression in the field of agrochemicals in Entre Ríos

On October 28, the Supreme Court of Justice of Entre Ríos, in the framework of an endless dispute between environmental groups, rural teachers and the Entre Rican government, issued a ruling validating provincial decree 2239/19, which establishes infamous distances of fumigation of the rural schools of said province.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The judicial dispute began when the Ecological Forum of Paraná (FEP) and the Entrepreneurship Association of Entre Ríos (AGMER) promoted an environmental protection action against the Superior Government of the Province of Entre Ríos and the General Council of Education ( in the cause called the Ecologist Forum “1”). Faced with this action, Chamber II, room II of Paraná, issued a ruling admitting amparo and forbidding ground spraying with pesticides within a radius of one thousand meters (1,000 meters) around all rural schools in the Province of Entre Ríos, and the aerial spraying with the same pesticides within a radius of three thousand meters (3,000 meters) around these educational establishments; all this, until it is determined by the specific state areas that identical preventive effects will be obtained for the health of students and staff who attend them with different distances ”. That ruling was then confirmed by the Superior Court of Justice.

Following this judicial record in the month of January of this year, the Entre Rican governor through a decree (No. 4407/2018), established an “exclusion zone” of pesticide application of one hundred (100) meters radius for the case of land applications and five hundred (500) meters for aerial applications, measured from the center of the hull of the rural school. This new decree, which markedly diminished the protective distances around rural schools, was again challenged by the Ecological Forum of Paraná and Agmer through judicial proceedings, requesting the annulment of the decree.

Such request is based on the fact that the State of Entre Ríos was obliged (by the previous sentence) to carry out necessary studies prior to establishing smaller distances, to guarantee the health of the students and the staff of the rural schools. From this action, the Third Chamber of the Second Chamber in Civil and Commercial, on March 28, 2019, resolved to annul the aforementioned decree, because the Province had not carried out the necessary studies, a resolution that it adopted in a similar sense the Superior Court of Justice of Entre Ríos on May 14 of this year.

Even with all these pronouncements against it, the Government of Entre Ríos, by decree No. 2239/19 (dated 08/01/2019), insisted on reducing the distances of application of agrochemicals around rural schools. On this occasion, it established exclusion distances in relation to the hulls of rural schools, 100 meters for land spraying and 500 meters for aerial spraying. Before this new decree, the NGOs Forum Ecologista de Paraná and Agmer again resorted to justice by filing a new environmental protection, but this time against this new decree, arguing that the first of the sentences already analyzed was affected again. Such action obtained a positive pronouncement from the Third Chamber of the Second Chamber of Civil and Commercial Appeals, which ruled in favor of the amparistas, which decided to dictate the decree in question, under similar arguments as those that were held before the first attempt of the entrerriano Government to limit the distances of protection.

Before this last resolution, again contrary to the interests of the Government of Entre Ríos, and of its intention to reduce the distances of application, he appealed the sentence, finally obtaining a sentence favorable to his interests, at the expense of the protection of the health of students, teachers and staff of rural schools. Thus, the Superior Court of Justice of Entre Ríos, on October 28, ended the judicial course, ruling the validity of the last of the decrees (No. 2239/19).

Its main rationale was that the provisions resolved in the first ruling were transitory and therefore did not have the effect of “res judicata” and that said transience ended with the issuance of this decree. However, and almost absurdly, it raises a ridiculous modification: the 100 meters of shelter for ground spraying and the 500 meters for aerial spraying should be measured, not from the center of the school helmet, but from a plant barrier to be implanted. 150 meters away.

This questionable pronouncement, put an end to the judicial question in the Entre Rican justice. The organizations that were part of the fight for health and environmental rights, chose to continue their way before the Supreme Court of Justice of the Nation. Thus, it will be up to the highest judicial body in Argentina to resolve the conflict in rural Entrerrian schools, ending an issue that will undoubtedly affect all rural classrooms in the country.

,

The IDB updates its access to information policy in 2020

The Executive Board of the IDB approved on November 4 the beginning of the process for the revision of its policy of access to information, whose last update was in 2011. This process will be open to virtual and face-to-face public consultation, and will be extended until May 2020.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

In 2018, the private sector investment arm of the Inter-American Development Bank, the IDB Invest, carried out an update of its access to information policy; in 2020, it will be the IDB’s turn, in charge of financing the public sector. According to the Bank, this update will be carried out in two phases of public consultations: the first one, started last November 13, will last 45 days and at the end a document called “Profile of Access to Information Policy” will be prepared. The second phase will have 120 days for review where comments on the consultations will be incorporated and a “Policy Draft” will be prepared. After the deadline, said document will be submitted for the consideration and approval of the Board of Directors scheduled for July 2020.

The consultations are open and free for anyone who wants to participate virtually by answering the questions presented by the IDB here or for an open participation by sending an email to consultapai@iadb.org

On the other hand, face-to-face participations will only be by invitation at the Bank Headquarters in Washington DC and for the second phase it is expected to hold meetings in borrowing member countries during the months of February and March 2020, but they have not yet been confirmed.

With respect to the Bank’s performance in terms of its policy of access to information and transparency, according to the index published annually by the Publish What You Fund called “Aid Transparency Index”, the IDB is in the highest category. However, it is evident that he has been in the same position since 2015, so there have been no improvements since that year. This is disturbing considering that in the period 2011-2015 the IDB climbed from the 14th position in the ranking to the 9th position, stalling in the 7th position from 2015 to the present.

It is considered that the last revision of the policy carried out by the Bank in 2011 resulted in the approval of a policy with high standards of access to information and transparency, although subsequently the implementation of said policy has not been effective. This new update in 2020 opens a door for the IDB not only to strengthen and improve the 2011 policy, but also to make progress in its better implementation. However, there is also a risk that the update will result in a weakening and / or dilution of current policy standards, something that the IDB should seek to avoid.

Taking into account the role played by International Financial Institutions such as the IDB in society and the impact generated by the projects they finance, it is essential that they have an updated, effective and accessible access to information policy according to the highest standards international in the matter; in a way that strengthens its transparency and institutional governance.

Thus, it is expected that this process of updating the IDB’s access to information policy will culminate successfully by actually incorporating the requests expressed in the public consultations so that such revision can increase the problems and good practices of the right to access information. , which not only constitutes a human right in itself; It is also essential to implement other rights.

From Fundeps, we invite you to participate in the process and we look forward to more information regarding face-to-face public consultations in Washington and the rest of the countries of Latin America and the Caribbean; and we will actively participate in this update process seeking not only to avoid a dilution of the policy but, on the contrary, to promote its strengthening and improve its implementation.

,

The United Nations Annual Forum on Business and Human Rights was held

The eighth annual United Nations Forum on Business and Human Rights in Geneva was held from November 25 to 27. The Forum was attended by representatives of the Member States, Civil Society Organizations and other interested actors.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

The United Nations Annual Forum on Business and Human Rights is the global platform for evaluating and exchanging lessons learned about efforts to ensure that the UN Guiding Principles on business and human rights are not only theoretical, but applied in practice. More than 2000 people participate, including government, companies, community groups and civil society, law firms, UN agencies, academia, investors, media, among others.

The objective of the annual meetings of the Forum is to serve as an international platform where the actors involved evaluate and analyze the application of the UN Guiding Principles. In addition, it will seek to promote cooperation and dialogue regarding the issue of business and human rights. The meeting chairs the Working Group on Business and Human Rights.

This year, the forum focused on governments demonstrating progress, commitments and plans for the implementation of the State’s duty to protect and strengthen accountability. The agenda focused on what governments have to do in order to promote respect for human rights by companies and encourage them to develop responsible business behavior.

From Fundeps, the business and Human Rights agenda is transversal to all areas. Therefore, we monitor the results of the sessions and the annual Forums in the framework we work on the Guiding Principles and the binding treaty.

,

Parity: that challenge always pending

We demand it in the marches, the partisan companions asked for, it has been promoted for decades with laws and projects and yet not. Again a priority male cabinet. Again a non-representative and non-diverse cabinet.

After speculation, meetings, arrangements and negotiations, finally Alberto Fernández, the president-elect, announced the formation of his cabinet. The Vice Presidency of the Nation, a charge of Cristina Fernández de Kirchner, joins the Office of the Chief of Staff, a charge of Santiago Cafiero, the General Secretariat of the Presidency headed by Julio Vitobello, Vilma Ibarra in the Technical and Legal Secretariat (the authorities of the Secretariats have the rank and hierarchy of Minister) Gustavo Beliz in the Secretariat of Strategic Affairs, Martín Guzmán in the Ministry of Economy, Martín Kulfas in the Ministry of Production, Felipe Solá in the Ministry of Foreign Affairs, Wado de Pedro in the Ministry of the Interior, Daniel Arroyo in the Ministry of Social Development, Eliana Gómez Alcorta in the Ministry of Women, Gender and Diversity, Marcela Losardo in the Ministry of Justice, Ginés González García to the Ministry of Health, María Eugenia Bielsa to the Ministry of Territorial Development and Habitat, Gabriel Katopodis to the Ministry of Public Works, Agustín Rossi to the Ministry of Defense, Sabina Frede ric to the Ministry of Security, Claudio Moroni to the Ministry of Labor, Mario Meoni to the Ministry of Transportation, Nicolás Trotta to the Ministry of Education, Tristán Bauer to the Ministry of Culture, Roberto Salvarezza to the Ministry of Science and Technology, Matías Lammens to the Ministry of Sports, Juan Cabandié to the Ministry of Environment and Luis Basterra to the Ministry of Agriculture.

To these Ministries, the state company AYSA and the AFIP and PAMI organizations, headed by Malena Galmarini, Mercedes Marcó del Pont and Luana Volnovich, respectively, are added. In addition, Cecilia Todesca as Deputy Chief of Staff, Adriana Puiggrós as Deputy Minister of Education and Victoria Tolosa Paz in the Social Policy Council.

The photo of the brand new Pink house: Suit, tie, suit, tie, beard, mustache, shirt, handshake. What does that photo tell us that returns so much homogeneity, classism and androcentrism?

D´Alessandro, Vales and Snitcofsky, in an article published in 2017, “Overview of the glass dome in the State” state that: androcentrism?”

“There are more ministers called Juan than female ministers in the history of Argentina. Since 1983, there were only 16 women in this position in different governments, with 154 male ministers who succeeded each other. Nor is there a long history, the first was the first was Susana Ruiz Cerutti in 1989 and lasted only 45 days. Today, women are 31% of the total workers in the positions that make up the organic structure and authorities of the national executive branch, however, there are only 3 women in the 23 front-line positions (ministries, cabinet and chancery); that is, just 13%. In this layer there are also more graduates of the Cardenal Newman school than ministers. ”

This image of the outgoing government ministerial portfolio is a photo that is repeated. Far from parity, once again the political dynamics, relegate women to a few positions.

After the ministerial reorganization, the Cambiemos government left only 2 of the 11 ministries run by women. The new government shows a slight improvement as it increases the number of women in these positions to 5, but still, it is very far from parity: in total, women occupy 21.7% of the 23 positions with ministerial hierarchy of first line (counting the Headquarters of Cabinet).

In the case of the Legislative Power, the permanent struggle of women and dissidents became legal tools. Not without enormous resistance, criticism and violence, in 1991 Argentina sanctioned a Women’s Quota law – law 24.012 – which states that “lists submitted to elections must have women in a minimum of 30% of candidates for office choose and in proportions with the possibility of being elected ”. Today, about 30 years after its implementation, we recognize that the measure was positive. Discussion topics were expanded, key laws were passed and new rights were acquired in matters of identity, family, health and education. In 2017, the Chamber of Deputies of the Nation approved and converted into law the so-called gender parity for the integration of lists of legislative candidates in the national jurisdiction. Thus, as of 2019, the lists should place men and women in an interleaved and consecutive manner, achieving a 50% distribution for each gender. But in the case of the Executive Power, there is no regulation that requires expansion or parity in the formation of cabinets. The participation of trans bodies and dissent in the public-political sphere and in the key decision spaces are still pending challenges.

“In addition to these obstacles, and others where stereotypes and machismo play an important role, there is an underlying prejudice and it is that women do not reach high-level positions because they do not have the necessary education, experience and / or capacity . If we assume that the best or most qualified are always in the government leadership then we should ask ourselves why women are only 10% of the ministers we have had since 1983 to here. Women (…) are more than 40% of workers, have an average year of education more than their peers and are 60% of university students and graduates ”(D´Alessandro, Vales and Snitcofsky, 2017).

According to the UN Women in Politics map, as of January 2019, women have only 20.7% of ministerial positions worldwide, being the highest figure in history. Argentina today, manages to overcome this figure with a government that announces itself progressive, has equity as a priority and addresses specific issues that are fought from feminisms and dissent.

We are more, but there is still much to conquer

Those who militate diversity, rescue what has been achieved and continue fighting for spaces, laws and actions that are still to be achieved. Regarding the presidential cabinet, first, we look at those who access positions of power, questioning how and why they get there. When we see relatively homogeneous and masculine bodies, we only have to ask ourselves whether as a society and from politics we are doing enough to guarantee equal opportunities, more friendly spaces and other more open and inclusive ways of leading. Second, the glass ceilings and walls. Those hermetic power structures, continue to define what roles are assigned to whom based on the generic sex system. Women with some access to education can occupy spaces but only up to a certain point (in this case, be the second of, secretaries, vice-ministers and always advisors), and in certain work areas associated with an extension of care tasks and reproduction: habitat, equality, education or justice, among others.

Now we add a new ministry, the great campaign promise. The Ministry of Women, Gender and Diversity. A whole team dedicated to work on these issues, something not less and appropriate to the demands of our times. However, the commitment to equality and equity must be reflected beyond a ministry. It requires a commitment to mainstreaming and not a mere name.

We want diversity to ensure effective representativeness. But the mere existence of women in positions does not guarantee the gender perspective: it is not enough only with the greater presence of female bodies, but with people who are aware and work to reduce the inequalities of power that cross us through issues of gender, sexuality , race, age and class.

The demand for diversity in ministerial positions and the gender perspective at the transversal level is not a whim. It is shown that the greater the diversity, the better decisions are made. We have seen how the gender perspective allows us to be aware of multiple oppressions and build fairer societies. We want to have leadership figures that represent us, who know about our vulnerabilities and build forms of governance that tear down walls and glass ceilings.

In a context where, according to official INDEC figures, women have a lower participation in the labor market (42% against 64% of men), a higher unemployment rate (8.4% against 6.9% of men) and we charge 74% of the salary a man charges for the same task, we will fight until we get a different photo, at the height of our times, at the height of our battles.

Returning to the words of Simone de Beauvoir: “Never forget that a political, economic or religious crisis will suffice for women’s rights to be questioned again. These rights are never taken for granted, you must remain vigilant all your life.”

Authors

Paula Kantor and Emilia Pioletti.

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

,

75 years after the foundation of the World Bank: successes and failures in its relationship with civil society

Since the creation of the World Bank (WB) in 1944, with the aim of facilitating and promoting reconstruction and post-war development, the purpose of the institution has been changing over time, adapting to new realities and international contexts . Today, on its 75th anniversary and positioned as “one of the main sources of financing for the eradication of poverty through an inclusive and sustainable globalization process,” the Bank has new challenges that include, among other things, its framework of relationship with civil society, which although it has been strengthening in recent decades, still has huge outstanding issues.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

Over time, the reformulation of the World Bank’s purpose brought new institutional practices, including the incorporation of civil society as a valid counterpart not only in relation to the internal governance of the institution but also as a party consulted at the time of planning the projects.

Thus, as a result of the growing closeness of the work areas of the World Bank and of many Civil Society Organizations (CSOs), as well as the deep commitment of an increasingly organized civil society, the Bank began to open, little by little. , new ways of participation and involvement of CSOs both in the construction of policies and in the administration of projects.

In this way, there has been a paradigm shift, which went from being institutionally focused and merely consultative to a model that works in conjunction with CSOs, focused on specific issues. For example, their more active participation in the elaboration of the Strategies of Assistance to the Countries (EAP) and the documents of strategies to fight against poverty, among others.

On the other hand, many CSOs have also changed their position regarding the World Bank’s role in society and have decided to work in an articulated manner. The majority of CSOs that interact with the Bank are currently adopting an “positive intervention” approach, which aims to influence the Bank’s decisions; rather than adopt an essentially confrontational position. Even so, it should be clarified that a large part of civil society maintains its critical and supervisory stance vis-à-vis the World Bank projects, especially in relation to those Bank-financed infrastructure projects that have major socio-environmental impacts.

The strengthening of the dialogue between civil society and the World Bank has been reflected both quantitatively and qualitatively. Quantitatively, for example, with the increasing active participation of CSOs in the Annual and Spring Meetings organized by the Bank, and in the increase in policy dialogue sessions within the framework of the Forum on Policies related to Civil Society (which it was organized for the first time in 2009 where 300 representatives of civil society organizations from more than 30 countries participated). In turn, qualitatively the spectrum of participation was broadened by bringing different sectors such as youth associations and also incorporating agenda items such as food security and health, among others.

It should also be noted that, in order to promote this strengthening in a transversal way to the entire institution, the World Bank has coordinated efforts with the International Development Association and other members of the World Bank Group, such as the International Finance Corporation (IFC), the Multilateral Investment Guarantee Agency (MIGA), which provides political risk insurance for projects in various sectors of countries, developing members and the International Center for Settlement of Investment Disputes (ICSID), an institution responsible for arbitrating a solution to disputes between governments and nationals of other states that have invested in that country.

In this way, it can be seen that in the course of the last decades and as a consequence of a greater openness on the part of the institution, but more than anything due to the increasing pressure and demand coming from civil society, demanding greater participation in decisions and Bank actions, a process of strengthening relations between the World Bank and civil society has been evidenced. However, there are still important shortcomings and issues still to be resolved in the relationships of these actors, which is currently reflected in the disagreement of a large number of CSOs regarding the Bank’s actions in a series of related agendas, especially to the protection of the environment and human rights, and the responsibility of the institution in this regard.

The revision of the Environmental and Social Framework of the World Bank and the criticisms of civil society

Precisely, one of the most recent criticisms of the World Bank from civil society has been the recent revision of the Institutional Environmental and Social Framework and what much of civil society considers as a clear weakening or dilution of the safeguards framework and social and environmental standards of the institution. The reasons for this weakening follows a trend at global, regional and national levels and responds to the need to make the Bank more competitive, in an international context of loss of competitiveness vis-à-vis other emerging financial actors.

Thus, for example, the Comparative Analysis of the regulations of the International Financial Institutions present in Latin America carried out by the Regional Group on Financing and Infrastructure (GREFI) of which Fundeps is a part, highlights the way in which World Bank investments have been recently made less competitive against new emerging actors such as the Development Bank of China, for example. Likewise, the report carries out a comparative analysis where it can be seen that environmental and social standards turn out to be more lax in emerging financial actors, which to a large extent allows them to become the first sources of financing for National States, displacing traditional institutions such as the World Bank or the IDB, which have more robust standards and, therefore, imply greater costs and delays for national governments.

Given this situation of loss of competitiveness by the World Bank, the Bank’s Social and Environmental Framework recently reviewed and in force in 2019 is considered by some civil society organizations as flexible against some fundamental issues that would put the environment and rights at risk Humans from the villages of the member countries. For their part, CSOs have expressed reservations about the review of safeguards that practically did not take into account their recommendations. Also, CSOs have denounced that the new MAS lacks a human rights approach and does not take any reference of international standards in the matter.

On the other hand, the main criticism towards the work of the World Bank, regarding this context of competitiveness, is the exclusion of due diligence by the bank by granting the possibility to borrowing governments to request to use their own safeguards systems to national level transferring responsibility for the correct application of safeguards to governments and not to the bank.

In this way, it can be concluded that the World Bank faces great challenges as a financial institution to remain competitive in the face of new emerging institutions and, in turn, incorporate the demands of civil society effectively and effectively. Thus, improving the relationship of real participation with civil society in an increasingly complex context, without weakening its socio-environmental regulatory frameworks, continues to be a latent challenge for the World Bank within its 75 years.

More information

New analysis on regulations in development institutions present in Latin America – Fundeps

Authors

Ailin Toso

Florence Harmitton

Contact Gonzalo

Roza, gon.roza@fundeps.org

,

International Day for the Fight against Corruption: We need comprehensive public policies

Corruption negatively impacts the quality of our democracy and affects the validity of human rights, particularly those groups and communities that are most vulnerable. By reducing the quantity and quality of public resources available, the economic, social and cultural rights of the population are especially undermined.

Regarding the fight against corruption, our country still has numerous reforms pending. Among them, we can mention as unavoidable points the modification of the law of public ethics, the sanction of a new system of purchases and contracts of the State, implement policies of transparency in the financing of the policy, improve the control organisms, implement policies of transparency in markets and financial flows. It is also necessary to institutionalize spaces for citizen participation, not only in the fight against corruption, but to guarantee a more inclusive democracy.

On International Anti-Corruption Day, civil society organizations highlight that in order to successfully prevent, detect and punish corruption, comprehensive public policies are needed, aimed at different sectors of the State and private actors. For that, it is necessary to generate broad and robust consensus among the various social actors. In this sense, the Social Anti-Corruption Agreement, prepared by a diverse group of organizations and specialists, aims to draw up a roadmap of public policies that should be implemented to build a country with less corruption and, therefore, more just and egalitarian.

The document can be accessed at www.acuerdoanticorrupcion.org.

Contact

Nina Sibilla, ninasibilla@fundeps.org

,

The ANMAT Provision that authorized the sale of Misoprostol in pharmacies is suspended

The judge in the Federal Administrative Litigation No. 11, Cecilia Gilardi de Negre, issued on Thursday a precautionary resolution within the framework of the collective protection initiated by the Association for the Promotion of Civil Rights and by the Civil Association Portal de Belén.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

In the case, initiated in 2018, organizations question the constitutionality of the Protocol for the comprehensive care of people entitled to the Legal Interruption of Pregnancy of the Ministry of Health and Social Development, and Provision No. 946/2018 of the National Administration of Medicines, Food and Technology (ANMAT), issued on 12/10/2018, while authorizing Laboratorios Domínguez SA a new condition of sale (under archived prescription).

Suspension of sale in pharmacies

The precautionary measure orders the suspension of article 2 of the provision, and is based on the reading of the MISOP 200 leaflet, as it indicates that its improper use or outside of the recommended indications may be harmful to health.

However, as indicated by the Ministry of Health and Social Development when appearing before the Court in the context of the case, Misoprostol presents security for ambulatory use with medical follow-up, without risks for the person entitled to access the interruption if It is done during the first trimester of pregnancy. Likewise, the availability of the drug in pharmacies, under an archived prescription, allows the pregnant person, together with their doctor, to decide how and where to carry out the termination of pregnancy in the cases allowed by law, without the need to attend the system Health public

Likewise, as we affirmed in our amicus, access to the medicines necessary for the termination of pregnancy, classified as essential by the World Health Organization, is part of the fundamental human rights in health matters to which the Argentine State is bound by Your international commitments. The Committee on Economic, Social and Cultural Rights, in its General Comment No. 22, on the right to sexual and reproductive health, establishes access to essential medicines as a standard for States parties. In this regard, when describing the elements of sexual and reproductive rights, and developing the concept of availability, the Committee states that: “Essential medicines must also be available, including a wide range of contraceptive methods, such as condoms and contraceptives emergency, medications for assistance in cases of abortion and after abortion, and medications, including generic drugs, for the prevention and treatment of sexually transmitted infections and HIV ”.

The attack attacked, and now suspended, aimed at ensuring the rights of people who require access to this medicine for the practice of legal termination of pregnancy. There are no technical, medical or therapeutic reasons to prevent the pharmaceutical circulation of misoprostol in its presentation of 200 mcg pills, and, consequently, restrict this medication only to hospital use as intended.

Soup again

The protection presented by these organizations is only another attempt to impede rights. We recall that there is a systematic practice by these groups to prosecute each of the advances that are achieved in our country in terms of sexual, reproductive and non-reproductive health. They already did it locally: Portal de Belén got the local protocol for the care of non-punishable abortions to be suspended for more than 7 years. In that case, Prodeci had introduced himself as amicus curiae. Now, their efforts are focused on the federal order.

ILE is still right

It is important to clarify that the resolution only suspends the application of article 2 of Provision No. 946/18 of ANMAT, which authorized the sale of MISOP 200 of Domínguez Laboratories in pharmacies, under archived prescription. The precautionary request of organizations to suspend the national protocol was rejected, so its application remains in force.

Nor does the availability of MISOP 200 change for gynecological use in hospitals and health centers, nor the availability in pharmacies of misoprostol in its other commercial form, Oxaprost, from Beta Laboratory.

It is unfortunate a resolution of these characteristics, taking into account that in our country the legal abortion due to causes is a right since 1921, and the Argentine State has been repeatedly recommended to facilitate access to the practice in safe conditions.

In addition to the pending resolution of the merits, the legislative treatment of the Voluntary Interruption of Pregnancy is imminent, for which the discussion on the availability of essential medicines for practice should be resumed.

Contact

Mayca Balaguer, maycabalaguer@fundeps.org

Gender policies in journalism and advertising. The debates we owed

We held the National Forum on Gender Policies in Journalism and Advertising on September 12 and 13 at the Faculty of Social Sciences of the UBA. We have the presence of interns from the interior of the country dedicated to advertising, journalism and communication, representatives of journalistic and advertising organizations and we obtained the signature of 44 institutions to the Commitment Agreement.

Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic.

There were two days of reflection and discussion around a central axis: the gender policies that exist (and are missing) in the two most important sectors dedicated to communication: advertising and journalism.

On Thursday 12, the day began in the afternoon with the opening of the Forum by the organizations that made this event possible: The Civil Association Communication for Equality, The Heinrich Boll Foundation, UNESCO and Fundeps.

Then, organizations from all over the country linked to journalism and advertising signed the Commitment Agreement on Gender Policies in Journalism and Advertising. They expressed their interest and desire to transform the labor structures of these industries and create democratic, inclusive and diverse spaces, with equal real opportunities to access decision-making positions and more valued areas.

They joined 44 organizations of which 16 are from within the country. They signed 9 media companies, 15 advertising agencies, 7 academic institutions, 6 professional associations and networks, 3 press unions, 3 business chambers and 1 state agency. Those who want to adhere and sign the Commitment Agreement can do so through this form.

The day ended with Luciana Peker’s talk-debate «The feminist tide in journalism and publicity: another way of telling, another way of working.»

Start from questions to find answers

Friday was raised as a meeting place between the various actors that are part of both industries: educational institutions, unions, business chambers, advertising agencies, media companies, civil society organizations, state agencies and workers / is from both industries.

The day was organized in four panels, designed from the critical axes found in both industries. During the morning the following were presented:

  • Care policies, in which Paula Rey and Victoria Gallo (ELA), Georgina Sticco (Gender and Work-Grow), Mariángeles Camusso (Inter-American Open University), Silvia Martínez Cassina (channel 13) and Cecilia Bustos Moreschi (Fundeps) participated as moderator.
  • Labor rights and unionization, whose panelists were Cynthia Benzion (vice president of the Association of Lawyers and Labor Lawyers of CABA), Verónica Baracat (UN Women), Diego Pietrafesa (Telefe-SiPreBA), Luciano Calió (FBC & Fire) and Melanie Tobal (Advertising. org) in moderation.

In the afternoon were the panels «Journalism and Gender» and «Advertising and Gender»:

  • The first, moderated by Pate Palero (PAR Network), was composed of Viviana Mariño (Argentine Time), Nicole Insignares (Clarín Group), Silvia Hernández (UBA) and Gabriela Toledo (Subprogram of Strategies for Training and Communication of San Luis ).
  • The last one was formed by Mariana Iesulauro (Y&R Agency), Agustina Militerno (Havas), Tomás Balduzzi (Higher School of Advertising Creatives) and Rocío Restaino (Women in Advertising) as moderator.

In these spaces, the various actors in the advertising and journalism industries were invited to ask themselves: What is the relationship between care policies and actions and the participation of women in the advertising and journalism industries? Why are there so few women in hierarchical positions and in the most valued areas? What are the most serious problems of both industries in relation to unionization and the construction of labor rights? What strategies can be designed, implemented and evaluated to generate more democratic and diverse work environments?

These questions put into question the labor practices of both industries, the production of content and promoted discussions postponed by some of these actors.

There were two days of intense debate, which allowed us to observe and realize that the advertising and journalism industries are not excluded from many sexist practices, and that, like most of the different items, gender-based inequalities suffer, such as, the wage gap between men and women and the glass ceiling, both produced mainly by the overload in women of unpaid household chores and by maternity. That in order to transform this, it is necessary to defend and transform trade union spaces, to continue with the internal demand for violence-free, equitable and egalitarian spaces. As Luciana Peker said «without union rights, but also gender-specific, there is no possibility of reaching or staying, or reaching places of hierarchy.»

We believe that the Forum was an enriching space as it sat on the same discussion table to workers, companies, unions, educational institutions, civil society organizations and the same State, in order to generate commitments that translate into policies of Formal, concrete and sustainable gender that promote real equality of opportunities, inclusion and diversity within.

Authors

Valentina Montero

Cecilia Bustos Moreschi

Contact

Cecilia Bustos Moreschi cecilia.bustos.moreschi@fundeps.org

,

Elections that gave no respite to gender violence

In August, during the election campaign, newspaper profile published a note assaulting Ofelia Fernandez. From Fundeps we denounced to INAM and INADI but their responses were lukewarm and insufficient in the case of INAM and restrictive in the case of INADI.

“Below, we offer a google translate version of the original article in Spanish. This translation may not be accurate but serves as a general presentation of the article. For more accurate information, please switch to the Spanish version of the website. In addition, feel free to directly contact in English the person mentioned at the bottom of this article with regards to this topic”.

On July 27, Diario profile published a note entitled “Operation cancel” in which it intended to make a brief analysis of the link between social networks, new technologies and political participation.
With this objective, the author of the note, Pola Oloixarac, took as a reference figure the candidate for legislator by the City of Buenos Aires, Ofelia Fernández, making the following statement:

“In cyclic olitas, as things and people circulate on the web, we learn that certain characteristics of the Argentine bourgeoisie have an unwanted effect on the vagina of the candidate for legislator Ofelia Fernández. In a video where she is seen talking from a pulpit, she says that “the warmth of the bourgeoisie dries my shell.” Ophelia revitalizes the Marxist troop of the class struggle by bringing it closer to the immediacy of her bombshell: she invites us to think that there is an unsatisfied sexual drive in the status quo, and that the heat of the coming revolution is the only thing that could excite the young woman Ophelia According to that image, voting for Ophelia is an invitation to please her sexually, preparing her for a successful intercourse. At 19, Ofelia understands that the personal is political, that is, that the political is genital: that the Pindongas and cuchuflitos of each unite are somehow called to participate in the collective hysteria of the revolution (or the Change).”

In the cited paragraph, the author takes the metaphorical expression used by Ophelia to communicate her disagreement and rejection of certain political practices and makes a literal interpretation with the clear objective of running the debate from the political to the sexual level, degrading her for her status as a woman .

It is important to mention that it is not the first time that the newspaper profile exercises media and symbolic violence against Ofelia Fernández. On November 21, 2018, this same publisher published a note entitled “The schoolgirl k that impacted the G20 counter-summit”. The recidivism of this type of action realizes the urgent need for State agencies responsible for eradicating gender violence to carry out the necessary interventions to achieve this goal.

Faced with the violence of these speeches, from Fundeps we present the corresponding complaint to INAM and INADI through their web pages. Although the first agency received the complaint, INADI contacted by telephone to inform us that the option to make complaints by that means is no longer available and that they must be submitted in one of its offices. We understand that the restriction of the channels to make claims means a restriction on the rights of the hearings, limited to those who have knowledge about this administrative route, the time and resources to do so.

For its part, INAM’s response comes after two months of having filed the complaint; the Institution acknowledges that there was misogyny in the story, but that the author of the note did nothing more than give a literary or philosophical interpretation to Fernández’s sayings, thus minimizing the symbolic, political and media violence to which she went submitted the candidate. The document sent by the institution states:

“Although, mention is made of the genitals of the then candidate, and that should not be part of a political analysis, the note takes up textual phrases from the political leader and the article seems to become an elaborate analysis of those phrases, with some fragments of a rather literary or philosophical tone that include other figures of politics and / or culture. We understand, however, that there was misogynist production in a series of articles or journalistic coverage based on this candidate, although not only, but also other women in politics. ”

The last paragraph cited recognizes the misogyny from which the journalistic approaches to the group “women in politics” are made. However, instead of aggravating and sustaining the claim presented, the paper underestimates these misogynistic violence by falling into a collective.

It is clear that the newspaper profile profile reaffirms and reproduces the political violence faced by women who choose to perform within party politics, and accounts for delegitimization strategies through the reification and sexualization of their bodies. A deal that, on the contrary, is never applied to their male peers.

This type of action delegitimates and disables the political participation of women, as well as undermines the effectiveness of the recently implemented Law of Gender Parity, interfering with the possibility of performance on equal terms as men. This attack on Ofelia Fernández constitutes an attack on all women and a disciplinary and expulsive message from the political arena.

From the above, it is evident that we are facing a case of media and symbolic violence as stipulated by Law 26,485 on the Integral Protection of Women. This regulation defines media violence as follows:

“… That publication or dissemination of messages and stereotyped images through any mass media, that directly or indirectly promotes the exploitation of women or their images, injures, defames, discriminates, dishonors, humiliates or attempts against the dignity of women, as well as the use of women, adolescents and girls in pornographic messages and images, legitimizing inequality of treatment or constructing sociocultural patterns that reproduce inequality or generate violence against women”.

Symbolic violence, on the other hand, is defined as one that “through stereotyped patterns, messages, values, icons or signs transmits and reproduces domination, inequality and discrimination in social relations, naturalizing the subordination of women in society»

The aforementioned note also constitutes a violation of subsection m. Article 3 of Law 26,522 on Audiovisual Communication Services, which establishes the obligation to “promote the protection and safeguarding of equality between men and women, and the plural, egalitarian and non-stereotyped treatment, avoiding all discrimination based on gender or sexual orientation. ”

This content, besides constituting an act of violence in itself, functions as a legitimator and a motivator of other expressions of violence. Ofelia Fernández shared the misogynist and macho messages she received in her networks from this publication and declared “It hurts the electoral campaign a lot to enable us to be treated like this. Unfair and unpleasant. ”

Author

Mila Francovich

Contact

Cecilia Bustos Moreschi, cecilia.bustos.moreschi@fundeps.org

,

Journalists and NGOs meet to talk about transparency and access to information

On November 28 and 29, the 2nd annual meeting of the Network of Organizations Against Corruption (ROCC) was held in the city of Córdoba. In this context, a meeting was held with journalists to talk about corruption and access to information.

The central theme that summoned us was the request to update the law on access to public information in Córdoba, supported by ROCC and other NGOs in Córdoba. During the meeting, the status of this right was discussed at the level of the provinces and at the national level, and the differences between the existence of a regulation and its application. Journalists and NGOs concluded in the need for a collaborative work together to be able to work on access to public information.

What is the situation in Córdoba?

The conclusions of the meeting show the need, in most cases, to have to prosecute requests for access to public information in Cördoba, and to have to wait for judicial times.

Córdoba, not only needs to update its law on access to information, but also the regulations that exist are far from being correctly applied. Fundeps only received 5% responses to requests for information submitted in 2019 to the municipality and the province; and when he prosecuted a case, the TSJ resolved it 10 years later.

And in the other provinces?

From the organizations of Mendoza, CLADH (Latin American Center for Human Rights) and Our Mendoza, it was highlighted that there were clear advances in relation to access to public information in their province, especially legislative ones. Since 2018 they have a new AIP law and in 2019 it was regulated. It contemplates issues of active transparency and even an office dedicated to its implementation, the Office of Administrative Research and Public Ethics. However, they warn that this does not work properly and that a system of comptroller, interprovincial for example, would be useful for the purpose of this being accountable to a third party.

On the other hand, both Salta and Santa Fe, Salta Transparente and Acción Acción, respectively, announced that their legislative situation is the most worrying. Salta does not have a law on access to public information at the provincial level, but at the municipal level of the city of Salta with an ordinance that includes, among other issues, active transparency and sanctions in the case of non-compliance with it. For its part in Santa Fe, the next will try for the ninth time to enter the law to the Legislature the bill on access to public information.

The Civil Association for Equality and Justice (ACIJ) of the autonomous city of Buenos Aires, said it is preparing a report on the applicability of the national AIP law, which will be published at the beginning of the year 2020.

How did the ROCC event continue?

At the meeting, other civil society organizations in Córdoba were invited to present their projects on Open Government. Virginia Romanutti of the Our Cordoba Citizen Network attended, who presented her work in the framework of the Goals Plan of the Municipality of Córdoba. Also attended by representatives of PARES working around three strategic axes: gender, citizenship and development; and Minka who is dedicated to issues related to law and technology.

In relation to the Network of Organizations Against Corruption, a balance of the activities of 2019 was made, highlighting:

  • The note that was presented on January 25 to the president of the nation in relation to the decree of necessity and urgency (DNU) issued on the Procedural Regime of Civil Action for Extinction of Domain.
  • Contribution of comments to the presentation of the Draft Open State Law in Salta.
  • Active participation in the Federal Council for Transparency.
  • The Social Anti-Corruption Agreement.

And, some actions were proposed to carry out next year as:

  • Participate in the Federal Council for Transparency.
  • Conduct awareness campaigns on the importance of the right of access to public information.
  • Supervise infrastructure works at the national level as they become one of the most important niches of corruption.
  • I work to regularize the lobby.
  • Consolidate a work plan on misuse of public resources.
  • Require a law on public ethics in provinces or municipalities that do not own one.

Contact

Nina Sibilla, ninasibilla@fundeps.org